CITY O F OAKLAND

AGENDA REPORT

TO:
ATTN:
FROM:
DATE:

Office of the City Manager

Mr. Robert C. Bobb
Office of the City Manager
March 23. 1999

RE:

A follow-up Report From the City Manager Regarding Proposed

Amendments to Special Event, Park Area Use, Pool Room and
Cabaret Ordinances to Allow Recovew of Extraordinaw Police Costs

SUMMARY
On February 2, 1999, the City Manager's Office presented a report on the process for
issuing special event, special activity, and park use permits. Additionally, amending
legislation was prepared by the City Attorney's Office to enhance the above permitting
processes, and submitted to the Committee for review and approval. At staffs request,
the Committee did not act on proposed changes to the Parks Use Regulations as such
changes were being presented to the Parks Recreation Advisory Commission for review
and approval. The Committee accepted legislation amending the massage and cabaret
ordinances, and forwarded such legislation to the City Council for approval.
Due to dissatisfaction with the definition of extraordinary police services as it applied to
cabarets, the Committee requested that staff redefine these services as it applies to
cabarets. The revised definition of extraordinary police services requires six (6) or more
police officers and/or police service technicians to respond for thirty (30) minutes or
more to a disturbance or potential disturbance at a cabaret site. Whenever on two (2) or
more occasions in a six (6) month period entertainment or promotional events require
extraordinary police services, the cabaret permittee shall be required to obtain a special
event permit form the Special Events Section of the Oakland Police Department for a
period of one year from the second disturbance. This requirement will allow the police to
assess upcoming events and place appropriate safeguards on the permit to insure public
safety, and prevent the need for extraordinary police services at such events.
The definition of extraordinary police services remains unchanged in the Special Events
Ordinance, and this definition shall apply to promoters of special events in the City of

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PUBLIC SAFETY CMTE.

Follow-up Report on Special Events/Activities/Park Use Regulations

March 23,1999

Pace 2

Oakland, including parks, pool rooms, and East Bay Regional Parks facilities. Events at
East Bay Regional Parks' facilities are not covered under the City of Oakland's special
events ordinance as East Bay Regional Parks has its own special event regulations, and
permits are processed in a manner similar to the Special Events Section of the Oakland
Police Department. Further, East Bay Regional Parks will amend its regulations to allow
the Oakland Police Department to recover costs for extraordinary police services from
promoters of events at their facilities.
FISCAL IMPACT
Notwithstanding the fact that East Bay Regional Parks will amend its regulation to allow
the Oakland Police Department to recover wsts for extraordinary police services, it is not
expected that any significant increase in revenue will occur. Further, per an agreement
with the Homeowners of Crestmont Association, the East Bay Regional Parks' facility
located at 11500 Skyline Boulevard will be used only for meetings, training, and
conferences. It is not anticipated that any extraordinary police services will be rendered
or costs incurred for these activities.
DISCUSSION
At the February 2, 1999 meeting wherein the City Manager's Ofice presented its report
on Special EventslActivitiesPark Use Regulations, the Committee related that the
proposed definition of extraordinary police services appeared to be lacking as it applied
to cabarets. Specific concern was raised over the lack of a triggering event or condition
for the police to bill cabaret owners for extraordinary police services. The definition of
extraordinary police services was revised as it applies to cabarets to provide a triggering
event or condition.
Events at East Bay Regional Parks' facilities shall be exempted from the City of
Oakland's special event ordinance as long as such events are processed under the East
Bay Regional Parks' special event ordinance. The East Bay Regional Parks' special
event ordinance is similar to Oakland's, and permits are processed in a similar manner
with conditions or safeguards attached to insure public safety. Additionally, East Bay
Regional Parks will provide a monthly calendar of its events to the Oakland Police
Department, and participate in bi-monthly meetings of the Special Events Committee
whenever the need arises.
The Special Events Unit also processes all applications for one-day alcohol permits to the
Department of Alcohol Beverage Control of the State of California. The Alcohol
Beverage Control Board is the issuing agency, but the Police Department provides a

Follow-up Report on Special Events/Activities/Park Use Regulations

March 23,1999

Pace 3

recommendation on each application. If the Police Department is opposed, the Alcohol

Beverage Control Board generally does not issue the one-day alcohol permit. Further,
the police do not approve applications for one-day alcohol permits for events geared
toward minors or persons under the age of 21 years. At events where one-day alcohol
permits are granted, safeguards are imposed to insure the sale of alcoholic beverages to
adults only.
A. SPECIAL EVENTS: EXTRAORDINARY POLICE SERVICES
In the Special Events Ordinance, Title 9, Section 9.52.040, extraordinary police services
means "responsive police services which are in addition to and in excess of the normal
police services provided to the facility or off-site as a direct result of the event at the
facility." No change was made in this definition as originally drafted by the Office of the
City Attorney in consultation with members of the Special Events Committee (Police
Department, Parks & Recreation, and City Manager).
Amending legislation has been prepared by the Office of the City Attorney, and is
attached for review and action.
B. POOL ROOMS: EXTRAORDINARY POLICE SERVICES
The definition of extraordinary police services cited in Section A. is applicable to pool
rooms. Although there have been no recent disturbances in pool rooms, the pool room
ordinance is being amended to provide the police with a right of recovery of costs for
extraordinary police services should the need arise.
Amending legislation has been prepared by the Office of the City Attorney, and is
submitted for review and action.
C. PARK USE REGULATIONS
The definition of extraordinary police services cited in Section A. above is applicable to
events held in City parks and facilities. Several changes proposed by the Director of
Parks and Recreation and the Parks Recreation Advisory Commission that were
consistent with earlier revisions by the Special Events Committee have been incorporated
into the attached legislation amending the Parks Use Regulations. However, proposed
changes that shifted the right to issue special events from the Chief of Police to the
Director of Parks and Recreation, changed the appeal procedure for denied special events,
and redefined special events or appeared to intermix special events with park use permits
were not incorporated into the amending legislation.

Follow-up Report on Special Events/Activities/Park Use Regulations

March 23,1999

Page 4

One of the major objectives sought through the proposed changes to the Special Events
Ordinance and the Park Use Regulations was to create one agency for the issuance and
oversight of special event permits. That agency is the Police Department through its
Special Events Unit. Additionally, another objective was to standardize the application
procedures whereby the police would review or be informed of all events in the City of
Oakland to assess public safety concerns. Discretion was granted to the Chief of Police
and his designees in order to allow flexibility and create a more user-friendly permitting
process.
D. CABARETS: EXTRAORDINARY POLICE SERVICES
The basic definition of extraordinary police services in Section A. above also applies to
cabarets. However, in order to establish a triggering event or mechanism, language was
added to clarify that at least six ( 6 ) officers andlor police service technicians have to be at
the cabaret site for a minimum of thirty (30) minutes. Whenever a cabaret has two
occasions within a six ( 6 ) month period where extraordinary police services have been
rendered, the cabaret permittee shall be required to obtain a special event permit from the
Special Events Unit of the Oakland Police Department for all events for one year from
the date of the second disturbance. This requirement will allow the police to evaluate
upcoming events, place appropriate safeguards to protect public safety, and prevent
future impact on police resources by such events.
Additionally, the City Manager's Office as the issuing agency for cabaret permits retains
jurisdiction over such permits, and may suspend or revoke permits where evidence
warrants such action. Further, cabaret owners who disagree with the police assessment of
extraordinary police costs may file an appeal with the Office of the City Manager.
Amending legislation has been prepared by the Office of the City Attorney and is
attached for your review and action.
RECOMMENDATIONS
1. That Title 5, Chapter 5.12 of the Oa Hand Municipal Code is amended to allow the
police to recover costs for extraordinary police services.

Rationale: The Police Department is undermanned, and businesses that promote

activities that have continued impacts on police resources should be liable for costs
incurred by the police. Additionally, the payment of such costs might serve as a deterrent
to promoters and owners, and allow police officers more time to monitor crime and
respond to calls for service in their assigned beats.

Follow-up Report on Special EventslActivitieslPark Use Regulations

2. That Title 5, Chapter 5.50 of the Oakland Municipal Code is amended to allow the

police to recover costs for extraordinary police services.

Rationale: Same as number 1 above.
3. That Title 9, Chapter 9.52 of the Oakland Municipal Code is amended as proposed to
enhance the permitting process and oversight, and increase public safety at special
events.

Rationale: The proposed changes to the Special Events ordinance improves the
permitting process by providing clear grounds for issuance and denial of permits,
establishing greater safeguards to insure public safety, allowing recovery of costs for
extraordinary police services, creating appeal rights for applicants or aRected persons,
and clarifying the application process.
4. That Title 12, Chapter 12.64 of the Oakland Municipal Code is amended as proposed
to enhance the park permitting and oversight process.
Rationale: The proposed changes to the Park Use Regulations improve the permitting
process by providing greater safeguards for public safety, establishing that a special event
is required from the Police Department for events in City parks, separating private events
from special events, and clarifying appeal procedures.
ACTION REQUIRED OF THE CITY COUNCIL
That the City Council accept this report, and approve the attached legislation amending
Chapters 5.12 and 5.50 of Title 5, Chapter 9.52 of Title 9, and Chapter 12.64 of Title 12
of the Oakland Municipal Code.

APPROVED AND FORWARDED TO

THE PUBLIC SAFETY COMMITTEE:

Office of the City Manager

Prepared b$: Larry Carroll

Admin. Hearing Section
CMO

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PUBLIC SAFETY

INTRODUCED BY COUNCILMEMBER

ORDINANCE NO.

c.~.s.

AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.52 OF THE

OAKLAND MUNICIPAL CODE, PERTAINING TO SPECIAL EVENT
PERMIT REQUIREMENTS

WHEREAS, persons, entities, businesses and community, social, fraternal, religious and
charitable groups currently conduct OR sponsor special events at various sites within the City of
Oakland; and
WHEREAS, the Oakland Municipal Code currently contains permit requirements for special
events at Title 9, Chapter 9.52; and
WHEREAS, because of the increasing demand for special events and the increasing variation
in the types of special events being held or sponsored, special events requirements need to be
amended to more adequately protect the public health, safety, and order and/or to minimize adverse
impacts upon surrounding neighborhoods or the community in general; and
WHEREAS, special events affect the delivery of City-Wide Police Services when such events
become a threat to the public health, safety and order; and
WHEREAS, the current approval process for special events does not provide the Oakland
Police Department with enough notice of such events to conduct sufficient investigations and impose
appropriate conditions; now
THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1:
as follows:

Title 9, Chapter 9.52 of the Oakland Municipal Code is hereby amended to read

"9.52.010 Title
This chapter shall be known as the Oakland Special Events Ordinance.
9.52.20

Purpose

This chapter establishes the procedures for applying for extraordinary police services for
special events in the city, and authorizes the Chief of Police to deny permit applications or impose
additional permit conditions to protect the public from potential adverse impacts, and to provide for

PUBLIC SAFETY CMTE

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additional penalties and for the recoupment of Extraordinary Police Services expended in enforcing
permit requirements,
9.52.030 Permit required.
It shall be unlawful for any person, entity, business or group (including community, social,
fraternal, religious and charitable groups), to conduct a special event unless there exists a valid
permit therefor, granted and existing in compliance with the requirements set forth herein. The
investigating official referred to in this Chapter, to who the application is referred, shall be the Chief of
Police.
9.52.040 Definitions.
"Applicant" means any person, firm, association, corporation, organization, club or ad hoc committee
who or which seeks a special event permit from the City of Oakland, through the Chief of Police, to
conduct or sponsor a special event governed by this chapter. An applicant must be 18 years of age
or older. The applicant shall be the individual who is directly responsible for organizing and/or
conducting the Event and/or the facility manager.
"Entertainment" means providing to the public food andlor beverages; live or recorded music;
dancing; mechanical, animal or carnival rides; games of chance; performances and/or plays; audiovisual presentations; amplified sound; competitive or sporting events; and /or promotional events.
"Chief of Police" means the Chief of the Oakland Police Department or his or her designee
"Extraordinary police services" means responsive police services which are in addition to and in
excess of the normal police services provided to the Facility or off-site as a direct result of the event
at the facility.
"Facility" means the building, room or place where the Special Event is to take place.
"Open to the public" means an event not limited to invitees and otherwise open to any member of the
public with or without an admission fee or charge.
"Permit Application Fee" means the non-refundable fee to be paid by the permit applicant at the time
the application is filed with the Chief of Police. A fee schedule shall be set by the City Council and
shall cover the actual costs of processing and investigation special event applications, and
administering the special eventspermit program.
"Responsible Party" means, for the purpose of determining liability for damage to city or public
facilities as a result of a special event and liability for the cost of extraordinary police services
pursuant to Section 9.52.120(G), any event sponsor(s) andlor promoter(s) and/or facility
operator(s) and/or facility owner(s)and their respective designees.

"Security Officer" means a person who possesses a valid State of California guard permit and who is
currently licensed by the City of Oakland as a Private Watchman in accordance with the Oakland
Municipal Code.
"Special Event" (hereinafter "Event") means, for the purpose of this Chapter, an event sponsored by
any person, entity, business or group including but not limited to the Oakland Unified School District,
the Port of Oakland, the Oakland Coliseum complex, the Paramount Theater, and at any event
venue within the City and open to the public:
A.

Which is held in any public park andlor facility or on any property and/or facility which is
open to the public, and

B. At which 50 or more participants (including sponsors and guests) are present, and
C. At which entertainment is provided by or for any person, andlor made available to any
person, and/or
D.
For-profit entertainment activities of persons, entities and businesses who or which are
currently licensed to regularly provide specified entertainment activities at fixed locations in the
City of Oakland but which holds an event that will foreseeably result in impacts on public
safety, health, welfare, and police resources.
Exclusions: "Special Event", as herein defined, shall not include:
A.

An event held in a private residence where no admission is charged, the event is not
open or advertised to the public, and no extraordinary police services are required;

B.

An event held in a members-only facility at which the only participants are the
members (and their invited non-paying guests) and no extraordinary police services
are required;

C.

Events sponsored by religious entities held in the religious entity's facility which only
members by permission attend and no extraordinary police services are required;

D. For-profit entertainment activities of persons, entities and businesses such as cabarets

who or which are currently licensed to regularly provide specified entertainment activities at
fixed locations in the City of Oakland and no extraordinary police services are required;
E.
Any entertainment for which other special permits have previously been obtained, such
as, but not limited to, parade permits, dance permits, short-term encroachment permits and
city sponsored events otherwise permitted when the chief of police determines such other
permits are more appropriate for the particular event.

a~4~
F. Any event, series of events and/or specific type of event may be exempted at the
discretion of the Chief of Police, based upon evidence that the event o; events will not
impact police services and will not affectpublic health, safety and welfare.

G. An event held at an East Bay Regional Park facility which is subject to existing
permit application procedures adopted by the East Bay Regional Park District,
provided the East Bay Regional Park District notifies all applicants that any person
or entity issued a permit for an event at an East Bay Regional Park facility is liable
for the provision by the Oakland Police Department of extraordinary police services
that may be required as a result of the event.

9.52.050 Application procedure-Fee.

Application shall be made to the Oakland Police Department, at least twenty-one (21)
A.
calendar days prior to the Event; however, if the event will require extraordinary police services, the
applicant must apply to the Chief of Police for a permit 30 days in advance of the special event, and
must execute a written agreement in which applicant agrees to pay the costs of such services,
pursuant to section 9.52.1 10.
Application forms submitted pursuant to subsection A above shall be fully and truthfully
B.
completed by the applicant. Failure to fully and truthfully complete the application form shall be
grounds for denial;
If admission fees or donations are to be collected and/or food, liquid refreshments or
C.
physical articles are to be sold at the Event, the applicant must present proof of federal and/or state
tax exemption status or present a copy of a valid City of Oakland Business License and Tax
Certificate and a food handling permit if applicable before the permit may be issued;
If music, dance or any other form of entertainment activity requiring sound amplification
D.
equipment is to be provided or allowed at the Event, the applicant must so state on the application
form and must provide assurance that the City's noise ordinance will not be violated as a result of the
activity.
E. Upon application, the applicant shall state the name and
address of the facility, and identify the type of facility, where the Event will take place. Before the
permit may be issued, the Applicant shall be required to present a photocopy of a valid City of
Oakland Dance Hall, Cabaret, or other applicable permit or license which authorizes the use of the
facility for this type of activity or event. Further, the applicant shall complete the portions of the
application which require identification of any occupancy restrictions or other conditions for use
imposed by the City of Oakland on the designated facility; and

F.
Upon application, the applicant shall pay a fee as established by the City of Oakland
Master Fee Schedule. The Chief of Police shall have the discretion to waive this fee for non-profit
organizations

9.52.060 Contents of Application Form.

The application for a special event shall provide the following information:
A.
All Events: The name, address, telephone number, and date of birth of applicant and
an alternative contact person. If the special event is proposed to be sponsored by one or more
organizations, the name, address and telephone number of the organizations, and the president(s) of
the organization. If requested by the Chief of Police, written authorization to apply for the special
event shall be provided by an officer of the requesting organization;

B.

The name, address and telephone number of the person who will be present and in
charge at the time of the special event;

C.

The nature and purpose of the event;

D.

The proposed date, location and estimated starting and ending time of the event;

E.

Estimated number of persons anticipated at the event;

F.

Description of any sound amplification equipment which will be used at the event;

G.

Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the event;

H.

Whether monitors or security persons will be utilized at the event;

I.

Parking contingencies planned for the event;

J.

Any supplementary information which the Chief of Police shall find reasonably
necessary, under the particular circumstances of the special event application to
determine whether to approve or conditionally approve the permit.

9.52.70

Action on Application

A. The Chief of Police shall approve, conditionally approve, or deny the application based on
the grounds specified in Section 9.52.080-090. Such action shall be taken not later than fifteen (15)
calendar days after the filing of a complete application. The applicant shall be notified of any
conditions of approval pursuant to Section 9.52.080 at the time the action on the application is taken.

B. If the application is denied or conditionally approved, at the time of taking action on the
application, the Chief of Police shall inform the applicant in writing of the grounds for denial, or of the
reason for the imposition of conditions.

C.
If the Chief of Police relied upon information regarding the event other than that which
was contained in the application, he or she shall inform the applicant of the additional information
considered.
9.52.80

Conditional Approval of Permit.

The Chief of Police may impose additional conditions to a permit in the exercise of his or her
reasonable discretion when conditionally granting a permit, including but not limited to:

A.

Requiring the applicant to retain or hire one or more Security Officers to provide
security at and during the Event, said security officers present and on duty at all times during the
Event;
Requiring the applicant to be personally present at all times
B.
during the Event;
Requiring the applicant to provide a working telephone where he or she can be
C.
reached directly at all times during the Event;

D.
facility;

Requiring the posting of the event permit at the event

Requiring a refundable security deposit before issuance of the permit toward the
E.
costs of city services and/or cost of damages to public facilities that may be associated with such
an Event.
Requiring provision of medical services on-site on a case-by-case basis and/or in
F.
consideration of the applicant's previous history.
Requiring in the case of live performances the actual name and stage name of every
G.
act performing.
Requiring the submission of copies of all promotional materials simultaneously with
H.
the posting or distribution of said materials. All promotional materials must identify the promoter,
and must not be posted or affixed to or on city or public property.
I.

Requiring a proof of liability insurance in the amount required by the City.

Requiring such other additional conditions as are reasonably believed to be

J.
necessary to protect the public health, safety, welfare and order, and to minimize adverse impacts
upon the surrounding neighborhood and the general community.
9.52.090

Grounds for Denial of Application

D'?4,

Permits for s~ecialevents will be aranted at the discretion of the Chief of Police. A s~ecialevents
permit appli&tion may be deniedGpon evidence that:

A. Information contained in the application, or supplementary information requested from the

applicant, is false in any material detail; or

B. The applicant has failed to provide a complete application form after having been notified
of the requirement of producing additional information or documents; or
C. The applicant has not submitted a completed application form in the time provided
pursuant to section 9.52.050.
D. The applicant has previously had a permit revoked, in Oakland or in another jurisdiction,
for violation of permit conditions or for unlawful conduct relating thereto and it is
reasonably believed that similar violations or unlawful conduct will again occur;
E. The granting of the permit will have a substantial adverse impact upon the public health,
safety, or order; and/or
F. The granting of the permit will result in substantial adverse impacts (including, but not
limited to, noise, litter, traffic and congestion) upon the surrounding neighborhood or the
community in general.
G. Another complete special event application has been previously filed for a different event
at the same time and place requested by the applicant, or so close in time and place as to cause
traffic congestion or a demand for police services which the Police Department is unable to meet;
or

H.
The time or size of the event will substantially interrupt the safe and orderly movement
of pedestrian or vehicular traffic in the immediate vicinity of the event, or disrupt the use of a
street at a time when it is usually subject to great traffic congestion; or
I.

The concentration of persons, animals and vehicles at the site of the event will prevent
proper police, fire, ambulance, or other essential public services to areas contiguous to
the event; or

J.

The size or duration of the event will require diversion of so great an amount of city
police services that providing for the minimum level of police services to other areas of
the city is jeopardized; or

K.

The event will substantially interfere with construction or maintenance work scheduled
to take place upon or along the city streets or a previously granted encroachment
permit; or

L.

The event will occur at a time and place where the noise created by the
event will substantially disturb or disrupt the activities of such institutions as schools
and hospitals; or

M.

Sponsors have failed to pay thecity for previous special events or parade fees and
costs.

N.

The applicant has previously had a permit revoked, in Oakland or in another

jurisdiction, for violation of permit conditions or for unlawful conduct relating thereto and
it is reasonably believed that similar violations or unlawful conduct will again occur;

0.

The granting of the permit is likely to result in substantial negative impacts upon the
delivery of City-Wide Police Services and therefore pose a threat to the public health,
safety and order due to the likelihood of the special event resulting in a call for a police
emergency response.

The Chief of Police shall state, in writing, the reasolis for any denial of the Event permit. Any
applicant whose application is denied shall have the right to request reconsideration of the denial.
Reconsideration must be submitted to the Chief of Police or his designee within five days of issuance
of the denial. Said request for reconsideration shall be in writing and shall state any and all reasons
of any nature why the Chief of Police's stated reasons for denial are in error. Within five days of
receipt of said request for reconsideration, the Chief of Police shall send written notice of hislher
decision and or notice of hearing on the reconsideration request to the applicant.

9.52.100 Revocation of Event Permit,

An Event permit may be revoked at any time during the Event by the Patrol Division Commander, or
his designee, for:
A.

Violation of any of the imposed permit conditions; or

B.

Failure to obtain and post any permit required by the State Alcoholic Beverage Control Board
to serve alcoholic beverages; or for

C.

The occurrence of unlawful or criminal activity during the Event

Revocation shall be immediately effective upon public announcement of the revocation

thereof by any police officer designated by the Patrol Division Commander to so act.

9.52.1 10

Penalties for Violation of Event Permit Requirements

A.
Any violation of this chapter may be charged as a civil penalty or an infraction, as provided
for in Chapter 1 of the Oakland Municipal Code, except as specified in B below. Enforcement
action specifically authorized by this section may be utilized in conjunction with, or in addition to,
any other statutory, code, administrative or regulatory procedure applicable to this chapter. In

addition, nothing in this section shall be interpreted to preclude or limit the City from seeking
injunctive or other judicial relief.
It shall be a misdemeanor for the event sponsor or his or her designee to refuse to terminate
B.
an event for violation of event conditions, or for holding an event without benefit of permit.
9.52.120

Extraordinary police costs andlor traffic control fees.

Prepayment of Fees. Before a Special Event Permit may

A.
be issued, the Chief of Police shall provide the applicant with a statement of the estimated cost of
providing extra police officers for the event. The applicantkponsor shall be required to pay these
fees at a minimum two weeks in advance of the event.
Computing Extra Police Services. The extra police services shall be computed by
B.
determining the number of police officers who will be required for the special event beyond that
which would otherwise be required at that time, multiplied by the number of hours for which such
additional service is rendered at the rate of the city's full cost of providing officers on an hourly basis
as established by the master fee schedule. Such personnel to perform the additional police services
shall be determined by the Chief of Police in the number he or she determines is reasonably
necessary for the event. Police personnel assigned to special events are city employees while so
engaged and are under the sole direction of the Chief of Police.
Refunds or Additional Charges. If the actual cost for extra police services on the date
C.
of the event is less than the estimated cost pursuant to subsection A of this section, the
applicantkponsor will be promptly refunded the difference by the city from the general fund. If more
police hours are required than originally charged, the event sponsor will be billed the additional costs.
Payment of additional costs shall be due within fifteen (15) days of the date the bill is deposited in the
mail. If full payment is not received within the required time for payment, the event sponsor is subject
to interest charges at the maximum legal rate computed from the date the payment period expires. If
the event is cancelled less than five business days prior to the scheduled event, a cancellation fee
will be assessed of %
of the projected cost of providing services.

D. Failure to Reimburse for Additional Police Services. The cost of any additional
Extraordinary Police Services pursuant to subsection C shall be collected from the event sponsor in
any manner prescribed by law, including but not limited to placement of a lien on the event sponsor's
property and/or an action in small claims court. This remedy is in addition to all other civil and
criminal remedies available to the City.
E.
The costs assessed against an event sponsor and/or promoter and/or facility operator
for recoupment of the cost of additional Extraordinary Police Services pursuant to subsection C
above shall include: (1) the actual cost of salaries, benefits, and administrative overhead of the police
personnel providing the services; (2) the cost of medical treatment for police personnel injured while
providing services; (3) the cost to replace or repair City property damaged while providing the
services; and (4) the cost incurred in making arrests while providing the services.

Any event sponsor and/or promoter and/or facility operator billed for additional
F.
Extraordinary Police Services pursuant to subsection C may request a hearing on the matter before
a hearing examiner designated by the City Manager. In order to obtain a hearing, the event sponsor
shall file a written request therefor within 10 days of the date of the invoice mailed to the sponsor that
shall state the grounds for appeal. When a written appeal is filed by the applicant, a hearing shall be
set at a date and time not less than ten (10) and not more than forty five (45) days following the filing
of the appeal. The event sponsor shall be notified of the date, time and place of the hearing. Upon
conclusion of a hearing, the hearing examiner shall render a decision within fifteen (15) days. The
hearing examiner's decision shall be final.
The event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility
G.
owner(s) and their respective designees are all and each severally liable for the cost of additional
extraordinary police services. "
The herein amendments to Title 9, Chapter 9.52 of the Oakland Municipal Code
Section 2:
shall be immediately effective upon date of final passage by the City Council.

IN COUNCIL, OAKLAND, CALIFORNIA, N O V E M B E R , 1998

PASSED BY THE FOLLOWING VOTE:
AYES-

BRUNNER, CHANG, DE LA FUENTE, MILEY, NADEL, REID, RUSSO,

SPEES, AND PRESIDENT HARRIS

NOESABSENTABSTENTION-

ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California

- - r
PUBLIC SAFETY CMTE.
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